Regulations Governing Qualification Requirements and Concurrent Serving Restrictions and Matters for Compliance by the Responsible Persons of Banks Article 9

The director or supervisor of a bank should be of good moral character. If the number of directors and supervisors of a bank is less than five persons, at least two of the directors and supervisors shall meet one of the qualifications set out below. If the number of directors and supervisors of a bank exceeds five, at least one more of the directors and supervisors for each additional four directors and supervisors shall meet one of the qualifications set out below. If a bank has managing director(s), at least two of the managing directors shall meet one of the following qualifications:1. At least five (5) years of experience working in a bank(s) and having served in a position of vice president or higher or similar position in the head office of a bank(s) with good performance record;2. At least five (5) years of experience working in financial administration or management and having held the position of civil service recommended appointment grade 8 or higher or equivalent with good performance record;3. At least three (3) years of experience working in a bank(s) and having served in a position of manager in the head office or higher or in a similar position of a bank(s) with good performance record;4. Having other factual evidence to the possession of professional banking knowledge or banking management capability to effectively manage the banking business.A bank, if the total assets of the previous year as audited by a CPA have exceeded NT$ one trillion, shall have three of the directors and supervisors that meet one of the qualifications set out in the previous Paragraph when the number of the bank’s directors and supervisors is less than five person. If the number of directors and supervisors of a bank exceeds five, at least one more of the directors and supervisors for each additional three directors and supervisors shall meet one of the qualifications set out in the previous Paragraph. If a bank has managing director(s), at least three of the managing directors shall meet one of the qualifications set out in the previous Paragraph.The number of a bank’s directors, who are not government agencies, juristic persons or representatives thereof, that meet the qualifications set out in Paragraph 1, shall comply with the preceding two Paragraphs. When the total number of director exceeds thirteen, the number of directors that meets one of the qualifications set out in Paragraph 1 could be five.The preceding Paragraph does not apply to a bank that its shareholding is directly or indirectly 100 percent held by the government or a juristic person.The chairman of a bank shall have one of the qualifications provided in the Paragraph 1. A bank shall submit the qualification documents of its chairman as well as directors and supervisors who meet the qualification set out in Subparagraph 4 of Paragraph 1 to the competent authority for approval within ten (10) days of their election. The competent authority may order the bank to make adjustment within a prescribed period of time if the qualification of the chairman or any of the elected directors or supervisors is disapproved.Where a bank has question over the application of Subparagraph 4 of Paragraph 1 hereof to any of its directors or supervisors, the bank may seek the prior approval of the competent authority before electing the director or supervisor to the office.
中文原文 銀行負責人應具備資格條件兼職限制及應遵行事項準則第9條
銀行之董(理)事、監察人(監事)應具備良好品德,且其人數在五人以下者,應有二人,人數超過五人者,每增加四人應再增加一人,其設有常務董(理)事者,應有二人以上具備下列資格之一:
一、銀行工作經驗五年以上,並曾擔任銀行總行副經理以上或同等職務,成績優良者。
二、擔任金融行政或管理工作經驗五年以上,並曾任薦任八職等以上或同等職務,成績優良者。
三、銀行工作經驗三年以上,並曾擔任銀行總行經理以上或同職務,成績優良者。
四、有其他事實足資證明其具備銀行專業知識或經營銀行之能力,可健全有效經營銀行業務者。
銀行前一年度經會計師查核簽證之資產總額達新臺幣一兆元以上者,其董(理)事、監察人(監事),在五人以下者,應有三人,人數超過五人者,每增加三人應再增加一人,其設有常務董(理)事者,應有三人以上具備前項各款所列資格之一。
銀行董(理)事中,符合第一項資格,且非以政府、法人或其代表人當選者,其人數,應符合前二項規定。
但董(理)事全體人數超過十三人者,得為五人。
政府或單一法人直接或間接持有百分之百股份之銀行,不適用前項規定。
銀行之董(理)事長應具備第一項所列資格條件之一。
銀行之董(理)事長及以具備第一項第四款資格條件之董(理)事、監察人(監事)之選任,銀行應於選任後十日內,檢具有關資格文件,報請主管機關認可;其資格條件有未經主管機關認可者,主管機關得命銀行於期限內調整。
銀行對擬選任之董(理)事、監察人(監事)認有適用第一項第四款之疑義者,得於選任前,先報經主管機關認可。

English translation for reference only; the Chinese text prevails. Not legal advice.